In lack of clear legal provisions, there is confusion over whether suspended lawmakers can vote in the presidential election or not.
The Act Related to Election for President and Vice-president defines members of Federal Parliament and provincial assemblies as voters.
Of the total 334 seats in the Federal Parliament – 275 in House of Representatives (HoR), 59 in National Assembly – one is currently vacant.
There are currently 333 lawmakers in Parliament after the Supreme Court annulled Rastriya Swatantra Party President Rabi Lamichhane’s post of lawmaker. Lamichhane was elected to the HoR from Chitwan-2 in the November 20 general election.
Nepali Congress lawmaker Tek Bahadur Gurung remains suspended as a corruption case against him is pending in court, but he has taken the lawmaker’s oath.
Nagarik Unmukti Party lawmaker Arun Kumar Chaudhary has been released from prison after President Bidya Devi Bhandari waived his sentence. But the House has been notified about his arrest only. The law is not clear on whether Chaudhary can vote in the presidential election in such a situation.
As per the Act Related to Election of President and Vice-president, the Election Commission seeks lists of serving lawmakers from the Federal Parliament Secretariat and all seven provincial assembly secretariats to finalize the voter list.
The Election Commission then prepares a voter list from the lists of lawmakers and sends it to the Office of the Returning Officer.
As the Regulations on House of Representatives mention seeking lists of serving lawmakers, it has raised the question of whether to consider suspended lawmakers as serving lawmakers or not. But the Election Commission has not taken any decision on this matter.
“One position of the House of Representatives is vacant,” Shaligram Sharma Paudel, spokesperson for the Election Commission, told Setopati. “Among two others, one is suspended. The House has been notified about the other lawmaker’s arrest during a House meeting. The Commission will take a decision on those two. After that, the Office of the Returning Officer will publish the final voter list.”
The Election Commission has yet to reach a decision on whether to allow suspended lawmaker Tek Bahadur Gurung to vote or not.
“As those suspended cannot do any work, the Commission is looking at whether they cannot vote either,” Sharma said. “It should not be imagined that those who are imprisoned, abroad or ill won’t come to vote. We will finalize the voter list by tomorrow. No official decision has been taken until now.”
